California Penal Code Section 32 PC: Accessory After The Fact

California Penal Code Section 32 PC: Accessory After The Fact

Being charged with being an accessory after the fact can be scary. But don’t worry – this article will explain everything you need to know about California Penal Code Section 32 PC in a simple, easy to understand way.

Let’s start with the basics:

• Accessory after the fact means helping someone who committed a felony avoid being arrested or punished.
• It’s charged as a wobbler offense, meaning prosecutors can charge it as either a misdemeanor or felony.
• If charged as felony, penalties can include jail or prison time.
• There are defenses that a skilled criminal defense lawyer can use to fight the charges.

Keep reading to learn more details about the law and how it works in real life…I’ll explain in plain English, no legalese!

What Does California Penal Code Section 32 PC Prohibit?

Penal Code Section 32 PC prohibits being an “accessory after the fact.” This means helping someone avoid being arrested, tried, or punished after they committed a felony crime. The legal definition includes:

• Knowing that someone committed a felony;
• Harboring, concealing, or aiding that person;
• Doing so in a way that prevents or delays the felon’s arrest, trial, or punishment;
• Acting with the specific intent to help the felon avoid arrest or punishment.

Some examples of being an accessory after the fact are:

• Driving a felon away from a crime scene to avoid the police.
• Letting someone who committed a felony hide out in your home.
• Giving money to someone so they can flee prosecution.
• Lying to police to give the felon an alibi.

So in a nutshell, this crime is aimed at people who actively help a known felon avoid facing justice. Let’s look closer at what each part of the definition means…

Knowledge of a Felony

To be guilty under PC 32, you have to know that the person committed a felony. In other words, you were aware they did something criminal and serious. If you didn’t know about the felony, you aren’t an accessory after the fact.

Harboring, Concealing, or Aiding

There are three ways to violate this law:

1. Harboring the felon – letting them hide out or stay in your home, vehicle, or other property.
2. Concealing the felon – hiding them or their location from law enforcement.
3. Aiding the felon – providing any kind of assistance or help.

So even if you don’t actively hide the person, helping them in any way can be enough.

Preventing or Delaying Arrest, Trial, or Punishment

Your actions have to be intended to prevent or delay the felon from facing justice. This means helping them avoid:

• Getting arrested;
• Being charged with a crime;
• Going to trial;
• Being convicted; or
• Being punished if convicted.

If you aren’t trying to impede the legal process, you aren’t an accessory after the fact. For example, giving advice to a felon about their legal options isn’t illegal by itself.

Specific Intent

Prosecutors have to prove you had a specific intent to help the felon avoid arrest or punishment. If your intent was something else, you aren’t guilty under this law. For example, if you drove a felon away to protect them from angry vigilantes, not the police.

Penalties for Accessory After the Fact in California

Being an accessory after the fact is a “wobbler” under California law. This means it can be charged as either a misdemeanor or felony, at the prosecutor’s discretion. The potential penalties depend on how it is charged:

Misdemeanor Accessory After the Fact

• Up to 1 year in county jail;
• A fine up to $1,000; and/or
• Informal probation.

Felony Accessory After the Fact

• 16 months, 2 years, or 3 years in county jail or state prison;
• A fine up to $10,000; and/or
• Formal probation up to 5 years.

Factors that can increase the sentence include prior criminal convictions, helping a dangerous felon, or doing so for money or other gain.

Legal Defenses to Accessory After the Fact Charges

Fighting these charges starts with understanding the prosecutor’s burden of proof. They have to present solid evidence of every element of this crime. If they can’t, a good defense attorney can get the charges reduced or dismissed. Some common defenses include:

You Didn’t Have the Requisite Knowledge

As discussed above, you have to know a felony was committed to be guilty under PC 32. So one defense is that you didn’t have this knowledge. For example, maybe you thought your friend only committed a minor crime like petty theft. Or you honestly believed they were falsely accused of a felony.

You Didn’t Intend to Help the Felon Avoid Justice

Prosecutors have to prove your intent was specifically to help the felon avoid arrest or punishment. If you acted for other reasons, it’s a valid defense. For example, if you drove them away to protect them from angry bystanders or gave them money just to help out a friend in need.

You Were Coerced or Under Duress

It’s a defense if you helped the felon because you were threatened or coerced. For example, if the felon said they would hurt you or your family if you didn’t help. Or if you are in an abusive relationship and were afraid to refuse assistance.

You Were Falsely Accused

Sometimes people get wrongly accused of being an accessory after the fact. For example, an angry ex-friend may falsely claim you helped a felon. Or police might misunderstand your relationship to the actual accessory. Your criminal defense lawyer can investigate the facts and build a strong defense against false allegations.

Your Actions Didn’t Rise to Being an Accessory

Another defense is arguing your conduct didn’t actually meet the definition of this crime. For example, you may have simply given advice to the felon or provided minor help that didn’t really impede justice. An experienced attorney can argue this doesn’t amount to being an accessory.

Related Offenses

There are other similar crimes under California law, including:

Aiding and Abetting – Penal Code 31 PC

This crime is known as being an “accessory before the fact.” It means assisting someone in the commission of a crime. For example, driving the getaway car for a bank robbery. It differs from PC 32 because it involves helping commit the crime itself, not just evading justice after.

Criminal Conspiracy – Penal Code 182 PC

This crime involves agreeing with others to commit a crime and then taking steps toward that goal. It is similar to accessory after the fact because it involves multiple people working together. But conspiracy focuses on planning the crime rather than helping a felon after the fact.

Obstruction of Justice – Penal Codes 136.1 and 148 PC

These laws prohibit interfering with police investigations and court proceedings. While related, they are broader than just helping a known felon like accessory after the fact.

Frequently Asked Questions

Can I go to jail for accessory after the fact?

Yes, being an accessory can lead to jail or prison time if charged as a felony. The maximum sentence is 3 years incarceration under California law. Jail time is more likely if you helped a dangerous felon or played a major role in helping them evade police.

Is accessory after the fact a felony or misdemeanor?

It is a wobbler offense, meaning it can be charged as either a misdemeanor or felony. Factors like your criminal history and the seriousness of the situation will determine how the prosecutor charges it.

What if I didn’t actually help the felon?

You have to take some affirmative action to help the felon avoid arrest or punishment to be guilty under PC 32. Just being associated with the person or failing to report their crime isn’t enough by itself.

What if I didn’t know they committed a felony?

You have to know the person committed a felony specifically. Helping someone avoid justice for a misdemeanor or infraction is not accessory after the fact. If you make a reasonable mistake about the crime, it is a valid defense.

Can I be charged as an accessory for helping a family member?

Yes, you can be charged even if the felon is a close family member. However, helping a close relative may be viewed as less culpable. It may persuade the prosecutor to offer a plea deal or charge it as a misdemeanor rather than felony.

Get Expert Help Fighting Accessory After the Fact Charges

I hope this article helped you understand California’s law against being an accessory after the fact. The bottom line is to take any charges under PC 32 very seriously. An experienced criminal defense lawyer can often get these charges reduced or dismissed. They will also advocate for misdemeanor rather than felony charges. Don’t hesitate to contact a lawyer for help fighting back against accessory allegations.